The International Tribunal for the Former Yugoslavia Essay -- Yugoslav

The International Tribunal for the Former Yugoslavia     On May 25, 1993, U.N. Security Council Resolution 827 established an international tribunal charged with prosecuting violations of international law arising from the armed conflicts in the former Yugoslavia. Not since the Nuremberg and Tokyo trials, following World War II has an international court tried individuals accused of crimes against humanity, war crimes, and genocide. The International Tribunal for the Former Yugoslavia (ICTFY), which was established at The Hague, Netherlands, is widely seen as an important step toward the deterrence of crimes, the establishment of the firm rule of international law, and the promotion of world peace. Yet, from its inception, the tribunal has generated controversy among supporters and detractors. Among those who believe that the tribunal idea is sound, the principal concerns are that such an institution be established on a sound legal basis, that it adhere to an acceptably high standard of due process, that it administer equal and dispass ionate justice, and that it be perceived by nations and individuals to be legitimate, fair and effective. Unfortunately, the Yugoslavia tribunal has not yet met all these standards--and may never be able to meet all of them in the fullest sense. A discussion of some of the realities that face the ICTFY demonstrates why the task of making the tribunal work is so difficult--and why it is vital that it be accomplished.   Ã‚  Ã‚  Ã‚  Ã‚  None of the four requirements that the tribunal must meet is easily achieved, and, in some cases, success seems unlikely. Many supporters of international humanitarian law are convinced, however, that, so long as the court does no harm, it must continue to pursue its original goals. This position supports the general idea of the rule of law, without reference to the circumstances. Ordinarily, of course, justice is supposed to be above the particularities of any case. Yet the nature of the circumstances in the case of the former Yugoslavia may undermine the ICTFY's credibility and render it ineffective in obtaining justice and promoting the concept of international humanitarian law. Justice must be predicated on detachment and impartiality. But the ICTFY is essentially a first attempt at administering such justice, and the peculiarities of the test case have to be kept from contaminating the process.   Ã‚  Ã‚  Ã‚  Ã‚  The... ...via and International Law." East European Constitutional Review 5, no. 4 (1996): 75-79. Dimitrijevic, Vojin. "The War Crimes Tribunal in the Yugoslav Context." East European Constitutional Review 5, no. 4 (1996): 85-92. Dworkin, Anthony. "The World in Judgement." Index on Censorship 5 (1996): 137-144. Guest, Iain. "The International Criminal Tribunal for the Former Yugoslavia: A Preliminary Assessment." In Implementation of the Helsinki Accords: The War Crimes Trials for the Former Yugoslavia: Prospects and Problems, briefing of the Commission on Security and Cooperation in Europe, Washington D. C., May 28 1996, 75-84. Washington, D. C.: Commission on Security and Cooperation in Europe, 1996. Niarchos, Catherine N. "Women, War, and Rape: Challenges Facing the International Tribunal for the Former Yugoslavia." Human Rights Quarterly 17 (1995): 649-690. Teitel, Ruti. "Judgment at The Hague." East European Constitutional Review 5, no. 4 (1996): 80-85. Thornberry, Cedric. "Saving the War Crimes Tribunal." Foreign Policy no. 104 (Fall 1996): 72-85. Walsh, Brian. "Resolving the Human Rights Violations of a Previous Regime." World Affairs 158 (Winter 1996): 111-121.